South Africa Case Law

Aziz v Director of Public Prosecutions and Others (2023/012763)

Aziz v Director of Public Prosecutions and Others (2023/012763) [2024] ZAGPJHC 69 (12 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/012763

Judges

GY Sidwell, CJ Coertse

The High Court found that the applicant's right to a fair trial was violated due to incompetent legal representation by a candidate attorney who failed to consult adequately, did not apply for a postponement, and failed to challenge inadmissible evidence and prejudicial statements. The magistrate did not intervene to prevent the miscarriage of justice. The cumulative effect of these irregularities rendered the trial unfair. The conviction and sentence were set aside, and the applicant was ordered to be released from detention immediately.

Source excerpt

• Right To Fair Trial
• Competence Of Legal Representation
• Review Of Magistrates Court
• Admissibility Of Evidence
• Sentencing Irregularities

Nabolisa v Learned Magistrate Ms Syta Prinsloo and Another (12249/2018)

Nabolisa v Learned Magistrate Ms Syta Prinsloo and Another (12249/2018) [2021] ZAGPJHC 115 (8 April 2021)

Court

South Gauteng High Court, Johannesburg

Case number

12249/2018

Judges

TP Bokako, S Yacoob

The court found that the applicant's failure to request further particulars or challenge the forensic evidence during trial was a result of his own and his legal team's strategy, and cannot be remedied by review. The non-disclosure of working papers did not amount to a gross irregularity, as the applicant was provided with the docket and had opportunities to challenge the evidence. The conviction was for dealing in drugs, not a non-existing offence, and did not rely on an unconstitutional presumption. The conduct of the state's counsel, while robust, did not render the proceedings unfair. Mos…

Source excerpt

• Review Of Criminal Proceedings
• Fair Trial Rights
• Disclosure Of Evidence
• Onus In Criminal Trials
• Drug Offences
• Sentencing Irregularities

S v Mwale (23/2015)

S v Mwale (23/2015) [2015] ZAFSHC 113 (25 June 2015)

Court

Free State High Court, Bloemfontein

Case number

23/2015

Judges

A. Williams, S. Naidoo

The High Court corrected a magistrate’s wrongful conviction for negligent driving, substituting a conviction for speeding and upholding the fine with a revised suspension condition.

• Road Traffic Offences
• Competent Verdicts
• Sentencing Irregularities
• Criminal-law
• Road-traffic-offences
• Competent-verdicts

S v Ndau (A292/15)

S v Ndau (A292/15) [2015] ZAGPPHC 274 (6 May 2015)

Court

North Gauteng High Court, Pretoria

Case number

A292/15

Judges

E Bertelsmann, W Hughes

A special review set aside a guilty conviction and 24-month sentence for drug possession after finding the charge ambiguous and the proceedings unfair.

• Criminal Procedure Act Section 304
• Drugs And Drug Trafficking Act
• Unfair Trial
• Plea Procedure
• Sentencing Irregularities
• Special-review

S v Malmone and Another (A961/14, 826/14)

S v Malmone and Another (A961/14, 826/14) [2015] ZAGPPHC 17 (9 January 2015)

Court

North Gauteng High Court, Pretoria

Case number

A961/14, 826/14

Judges

E Bertelsmann, K.M. Kubushi

The High Court confirmed guilty pleas for cannabis possession despite review irregularities, but set aside and replaced unlawful suspended fines with lawful sentences.

• Criminal Procedure Act
• Review Of Magistrates Court
• Possession Of Dependence Producing Substance
• Sentencing Irregularities
• Criminal-procedure
• Special-review

S v Tshimbudzi (137/2012)

S v Tshimbudzi (137/2012) [2012] ZASCA 200; 2013 (1) SACR 528 (SCA) (30 November 2012)

Court

Supreme Court of Appeal

Case number

137/2012

Judges

Heher, Mhlantla, Bosielo, Swain, Mbha

The Supreme Court of Appeal set aside a rape conviction and life sentence because of major procedural irregularities, poor recordkeeping, and failures in proof and oath administration.

• Rape
• Criminal Procedure Act
• Admissibility Of Evidence
• Sentencing Irregularities
• Child Witnesses
• Criminal-law

S v Ndlangamandla (A842/07)

S v Ndlangamandla (A842/07) [2007] ZAGPHC 224; [2008] 1 All SA 64 (T) (1 October 2007)

Court

High Courts - Gauteng

Case number

A842/07

Judges

Rasefate, W.L. Seriti

A High Court review set aside a conviction and sentence after finding the charge sheet incoherent, the rights explanation incomplete, and the sentencing record confusing.

• Criminal Procedure Act
• Fair Trial Rights
• Defective Charge Sheet
• Sentencing Irregularities
• Criminal-procedure
• Fair-trial-rights